Big Win- Indian Muslim Women(Supreme Court Declares triple talaq Practice 'Unconstitutional)

[Rajaraja Chola]

The govt should bring the UCC immediately , its the only way we will progress as a society in general . All are equal in the eyes of god then why not the law?

You do really understand UCC wont work out in tribal regions, NE etc? I am streamlining major personal laws in line with common code without an exact UCC. UCC would be like fighting a lot and political capital will be wasted. When the tribes, NE see the fruit of development and when they start understanding laws then UCC should be bought in.

 

[Jf Thunder]

No its followed. In fact family cases are based on divorce cases and many lawyers have practice centered around it. For example in sheikhupura people from villages come to file divorce.

Due to mass pressure against divorces,many cases are stopped in the process ( couple reconciles. Child starts crying and both lawyers and judge and families start pressurizing) but divorce comes and its very much followed and implemented.

Now if you ask me FATA or some extremely backward village of sindh or Baluchistan then I doubt it. Heavily but in my personal experience, it's followed and has been followed from the start. Many senior lawyers have based practice on family cases ( remember family cases orbit divorce or family issues aka maintenance, divorce. Custody, return of dowry articles, dowry). Infact believe me we have people filing cases who can't sign their names and use thumb expression.

So its very much followed where courts are available and they are available in every district.


Inheritance is not family case.

so most of the cases of divorce are taken through proper channels, and so are second marriages?

 

[ashok321]

Supreme Court strikes down 1400-yr-old Islamic practice of ‘triple talaq’ jantakareporter.com/india/supreme-…

 

[thesolar65]

I do not want any Talaq or Divorce of any kind. There should be no Marriage at all.
Marriage as an institution should vanish.
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Main sone ja raha hun. Abhi mujhe bahut gaali melegi!

 

[saiyan0321]

so most of the cases of divorce are taken through proper channels, and so are second marriages?

Yes. Many have contracted second marriages or have failed to do it due to their wives consent. The arbitration council oversees this process. The nikah nama of second marriage will not be registered without the consent of the arbitration council which will record the consent of first wife.

You see all these things are intertwined and to do one, you must do the other. A village in isolation of law may ignore but if anyone of them want legal aid or help then they will have to follow the above and people do follow the above...

 

[Nefarious]

Did not understand the rationale.

Why would I want to remarry my ex wife if she's not only gone and slept with someone else, but married him and then divorced him again.

Sounds a bit masochistic.

Cheers, Doc

I'm guessing it's never happened.

 

[Śakra]

Kar di red herring waali baat?

I am talking about government colleges. Jiske liye hum sab tax dete hain.

Do you know how many colleges Parsis have started and trusts run in India.

Do you know how many seats students like me and now my son get reserved in them for us?

Cheers, Doc

If you have a problem with India, parsi, iran has an open door policy to accepting you lot back.

 

[Jf Thunder]

Yes. Many have contracted second marriages or have failed to do it due to their wives consent. The arbitration council oversees this process. The nikah nama of second marriage will not be registered without the consent of the arbitration council which will record the consent of first wife.

You see all these things are intertwined and to do one, you must do the other. A village in isolation of law may ignore but if anyone of them want legal aid or help then they will have to follow the above and people do follow the above...

thank you
those posts were of your were quite positive

 

[livingdead]

Good verdict, congrats to the muslims women of India.
The victory would have been sweeter if it was not tainted by association of hindu right wing with the cause.

 

[Nilgiri]

Uhh you do know that pakistan divorce laws right? You can't do a single strike triple talaq.

There are three meetings spanning minimum three months. In these meetings they appear before a judge and say yes we want a divorce or I want a divorce.

Now here is something that only lawyers or divorced couples know.

In pakistan divorce is considered a taboo and in Islam to save a couple from divorce is considered a great deed. Due to this both the lawyers ( plaintiff and defendant) pressure the parties to reconcile and not just them. The judge also pressures them reconcile and to this height that long dates can be allotted, meetings allowed and in fact. There is a joke that husband wife standing over there angry go to the judges for isolated talks and come back laughing. Infact the entire court can be emptied just for their isolated meeting. Divorce is a a few months process in pakistan. Triple strike is illegal.

Whether khula by wife, khula by agreement or by talaq. Court is must and three chakar are must. Without it no divorce.


Infact I remember reading a case law that if a husband has initiated a divorced process and dies during the process, then the wife is entitled to inheritance of that husband bcz a divorced is solemnized only after the three statements in 3 months have been made and without it the women is still the wife of the deceased thus liable to share in inheritance. He can scream talaq hundred times a day, it won't work in pakistan.

Fun fact. Any marriage not registered in pakistan with the registrar in a nikah nama is not a marriage. So no moulvi couple crap. You only need a nikah registrar and the kocheri is filled with them.

Another fun fact. Marriage is a contract and not sacrament. In pakistan law it is treated as a contract.


Anyhow pakistan divorce laws are different and you can't do it a single triple way.




Its off topic so I won't go into details.

@padamchen @Joe Shearer @hellfire @Nilgiri

Anyway congrats. Update me on the new law Joe.

As long as there is no personal non-unified law system at work, legislation is easy. India made a big mistake by allowing a non-uniform law system to arise. When you have overall secular aim and quite heterogeneous population, you cannot divide law by basis of religion (or any other marker really)...that is a deep rotten thing to do.

Pakistan has done a better setup in this regard it seems (structurally) given religion is not as much vote bank issue like it is in India (because of Pakistan higher homogeneity in religion). You can thus implement "work arounds" and streamlining and get consensus etc easier within the particular common law - sharia composite law system you have right now. Whereas in India, the bad setup and attaching to political issues regarding this personal law (that quite suspiciously no other religion was allowed to do to anywhere the same extent) has meant that any debate on the issue attracted political gamesmanship (i.e its an attack on all muslims etc - wrongly assuming+projecting all muslims are in favour of such practice and are consolidated on the issue). Finally this is changing now thankfully, it will be a long process though.

 

[veg]

Wrong decision by the Indian Supreme Court:

Divorce or Religion itself lie in the "Private" domain of a person, and "State" should not/ could not interfere in it.

Belief:

Supreme court cannot change the Belief of a person.

If a Muslim man believe that after saying 3 times Talaq, the wife has become Haram upon him, and if he sleeps with her, then it is nothing else than the fornication, then No Supreme Court of this universe could compel him to believe that sleeping with her is Halal and not the fornication.

Wahabies (Zakir Naik) and Shias don't believe in 3 Talaqs in one sitting. But why are they imposing this upon other Muslims (i.e. Sunnies who follow the 4 Imams), who believe that 3 Talaqs in one sitting is indeed full divorce. Please don't impose your Fiqhs upon the other Muslims in name of Islam.

In fact, this Indian Supreme court has also kicked the Wahabies and the Shias with it's decision, where it put the condition of 6 Months. According to Wahabies and Shias, the Quran stipulated for them the process of Talaq within 3 months.

You see, marrying a woman, or to stay with a woman, all these are the private decisions. You could not compel a person to stay with any woman if he does not like it, same as you cannot compel a person to marry any woman.


What would have been a Just & Correct Decision?

Indian supreme court should not have indulged itself in the personal laws.

But Indian supreme court should have told the Indian Muslim women, that they have the right to:

(1) They (Indian Muslim women) could leave Islam if they feel it is against justice that religion give this right to Muslim Husband of of 3 Talaqs.

Supreme Court of India is not here to reform the Religion and personal belief system.

If these women have problems, then they should leave Islam and marry any other person who does not believe in this 3 talaq system.

(2) Supreme Court of India didn't compel these Indian women to "Marry" these Muslims. It was their own personal free will and choice to marry those Muslim men.
Therefore, Supreme Court of India is no way responsible if their husbands want to give them the talaq.

(3) Supreme Court of India can only guarantee these women their right of leaving any religion, and their right to marry any person.
But the court could not compel any Muslim person to change his belief and take back these divorced women as their wives.

 

[Well.wisher]

This is nice but there should be an awareness among muslims of subcontinent about these teachings , theres so much mixing nd co fusion .

 

[prashantazazel]

Wrong decision by the Indian Supreme Court:

Divorce or Religion itself lie in the "Private" domain of a person, and "State" should not/ could not interfere in it.

Belief:

Supreme court cannot change the Belief of a person.

If a Muslim man believe that after saying 3 times Talaq, the wife has become Haram upon him, and if he sleeps with her, then it is nothing else than the fornication, then No Supreme Court of this universe could compel him to believe that sleeping with her is Halal and not the fornication.

Wahabies (Zakir Naik) and Shias don't believe in 3 Talaqs in one sitting. But why are they imposing this upon other Muslims (i.e. Sunnies who follow the 4 Imams), who believe that 3 Talaqs in one sitting is indeed full divorce. Please don't impose your Fiqhs upon the other Muslims in name of Islam.

In fact, this Indian Supreme court has also kicked the Wahabies and the Shias with it's decision, where it put the condition of 6 Months. According to Wahabies and Shias, the Quran stipulated for them the process of Talaq within 3 months.

You see, marrying a woman, or to stay with a woman, all these are the private decisions. You could not compel a person to stay with any woman if he does not like it, same as you cannot compel a person to marry any woman.


What would have been a Just & Correct Decision?

Indian supreme court should not have indulged itself in the personal laws.

But Indian supreme court should have told the Indian Muslim women, that they have the right to:

(1) They (Indian Muslim women) could leave Islam if they feel it is against justice that religion give this right to Muslim Husband of of 3 Talaqs.

Supreme Court of India is not here to reform the Religion and personal belief system.

If these women have problems, then they should leave Islam and marry any other person who does not believe in this 3 talaq system.

(2) Supreme Court of India didn't compel these Indian women to "Marry" these Muslims. It was their own personal free will and choice to marry those Muslim men.
Therefore, Supreme Court of India is no way responsible if their husbands want to give them the talaq.

(3) Supreme Court of India can only guarantee these women their right of leaving any religion, and their right to marry any person.
But the court could not compel any Muslim person to change his belief and take back these divorced women as their wives.

The right to leave religion is present in India. But in most cases, muslim women are attacked or killed if they try to leave their faith, by their male family members.
A similar fate can occur to women who criticise islam or marry outside their faiths.


(Btw, jats of UP/ haryana have a similar problem with women's rights. It has to do with patriarchal attitudes. )

 

[wiseone2]

Wrong decision by the Indian Supreme Court:

Divorce or Religion itself lie in the "Private" domain of a person, and "State" should not/ could not interfere in it.

Sorry marriage and divorce should come under civil war. It determines inheritance, insurance etc
End of discussion

Hurt is too strong with this one...

https://twitter.com/x/status/899875008335405056

why is cremating a dead body cruel ? there is not enough space to bury everyone

 

[911]

Another good thing happened due to this verdict is that it has exposed those who have always claimed to be liberal. It took 2017 for them to accept this was even a problem. Losers are still worried that BJP will gain something out of this, tells us how much this verdict matters to them .